...Addressing International Legal and Ethical Issues International Legal and Ethical Issues In international transactions there are many issues that must be addressed at the onset. If legal action should arise against a foreign business partner, there will be practical concerns. There could be factors that work against international business decisions. Local laws and customs will be different in a foreign country. In a situation in which the local laws and customs conflict with those of the foreign business partner it is difficult to determine who should prevail because of these differences. For that reason, it is important that business transactions be governed by a well-defined agreement from the beginning. When a company does business in another country it is important that the companies agree on choice of law and jurisdiction upfront. In the simulation, there was an outbreak of an epidemic that affected the business relationship between CadMex and Gentura (University of Phoenix). Had the companies not determined choice of law and jurisdiction for dispute resolution, CadMex could have suffered more severe financial losses because of the forced subsidization of generic medication. By agreeing upon choice of law and jurisdiction in the beginning, the companies had a pre-defined forum for resolving unforeseen disputes. When taking legal action against a foreign business partner there are also additional practical considerations...
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...Addressing International Legal and Ethical Issues Summary Donna Bass LAW/421 January 18, 2016 Andrew McAdams Addressing International Legal and Ethical Issues Summary When operating a business internationally, there are legal and ethical issues that must be taken into account. The simulation shows that to be successful; a company must understand the issues involved in legal disputes, the practical considerations of taking legal action, what factors can work against the company, and what to do when customs and laws conflict. The issues that can arise when trying to resolve legal disputes in an international transaction can be cultural, ethical, political, and differences in power structures. Before taking legal action, arbitration should be considered as it is less expensive and the outcome would likely be more beneficial that dealing with a foreign court system (University of Phoenix, n.d.). Before taking legal action against a foreign business partner, there are practical considerations to take into account. The cost of legal fees and the chance of winning a court battle against this partner in a court of their country should be considered. Another is the damage that a lawsuit could have on the company's reputation. This action could hurt their chances of obtaining future international partners. Factors that could work against the granting of the sublicensing agreements by CadMex include the fact that the Canadian government and legislators would work to prevent the...
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...As companies conduct business internationally there are many issues it must be knowledgeable about to operate successfully. Two issues that were explored during Law/421 in week two’s simulation were how to address legal and ethical situations that arise when conducting business abroad. When resolving legal disputes in international transactions one must be aware of international and local laws. It is also important to know the customs and culture of the area where business transactions are taking place. Prior to conducting business abroad a choice of law must be established before any conflict arises. This will yield a resolution to the conflict that will be favorable for both parties. When taking legal action against a foreign business partner based in another country one should consider the laws of that country. Laws in others countries differ from those in the United States. Also when considering taking legal action on a company, one must analyze all possible cause and effects from that legal action. Taking legal action may be the company’s right to do, but it may cause negative customer relations in the area. In the simulation, CadMex’s decision to grant sublicensing agreements could be beneficial to the company yet work against the company. Sublicensing may cause the company to be liable in lawsuits due to the negligence of those sublicensed parties. When local customs and laws conflict with the customs and laws of an organization operating abroad, the laws...
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...Addressing International Legal and Ethical Issues Simulation LAW/421 Addressing International Legal and Ethical Issues Simulation Businesses worldwide are branching into new markets to maximize their profits and customer base. This increase in globalization is creating new and expanded concerns when it comes to international legal and ethical issues. The simulation presented to students in week 2 introduced some of the issues that might arise in the international business world. Legal Disputes When a company makes the decision to get involved in international transactions, two aspects of the business contract will be the choice of law clause and the forum selection clause. The choice of law clause will determine the laws that apply should a legal dispute arise (University of Phoenix, 2015). The forum selection clause will determine which forum the legal dispute will be settled in. Some examples of legal forums are international arbitration or the court systems of the two parties (University of Phoenix, 2015). Practical Considerations When a company decides to take legal action against a foreign business partner based in another country there are considerations that must be addressed. Some of the things that must be considered include, the legal system of the foreign country, the changing regulations of the foreign country and the sustainability of contracts within the foreign country. All countries have unique justice systems, and it is important to have...
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...Addressing International Legal and Ethical Issues There are many differences between conducting international business from domestic business. Every country has unique laws and customs that differ from a foreign company operating within their borders. Most companies understand that it is essential for them to honoring and respecting the laws and customs of their host country to keep a productive relationship. Laws in the United States forbid discrimination for religious, sex, race, or national origin, while many other countries do not. As an American company it is beneficial to observe local customs like closing business on major religious holidays to maintain a positive relationship with the host nation, local company, and employees. Even though a company follows the laws of the host country, things can still go wrong and legal disputes arise. When trying to solve international disputes, having an international arbitration would be the best way to go about legal action. It is extremely important to make sure all aspects of the contract are clearly laid out. As important it is to have a clear agreement it is equally important to have some flexibility or wiggle room for when unexpected events happen you can allow space. When deciding to take legal action a company must consider what is in their best interest, both financially as well as their image. In the simulation a virus outbreak occurred and current manufacturing would not be able to produce enough pills to meet the potential...
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...Team C Weekly Reflection, Week 2 Joyce Canning, Michele Mansfield, Nick Odom, Craig Anderson LAW421 October 2, 2012 Ann Nevers Team C Weekly Reflection, Week 2 Substantive Law Substantive Law is the area of law that defines the rights and responsibilities of individuals within a society. The substantive law also defines what is considered a crime and if someone were to break the law then the substantive law would describe the proper punishments to be enforced for breaking that law and provide some boundaries that can help a jury with sentencing. Substantive law is very common and is the type of laws that one would hear about on the evening news. For example the law of committing murder, there are many variations of the types of homicide. Justifiable homicide is defined as non-criminal homicide. It is possible that if homicide is committed to stop a rape, or other serious crimes, it could be justified. The Substantive law describes what may determine justifiable homicide as well as what the rights are for that person who may be facing charges. Procedural Law Procedural law is the process of the legal system. For example, procedural law provides the guidelines that must be followed to submit a lawsuit, press charges, and how restitution and penalties must be handled. Procedural law is also referenced as the "due process of law" and describes how to navigate through the legal system (Procedural Law, 2012). Procedural law is closely aligned with substantive...
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...LAW421 Week 4 Individual Assignment - Crusoe and Cold Case Trucking Name University Individual Assignment - Crusoe and Cold Case Trucking 1. What is Crusoe's agent classification? What factors should CCT analyze in making this determination? Crusoe’s agent classification is an “independent contractor”. CCT provides only direction for the completion of tasks and does not provide a direct supervisory role of Crusoe. The IRS three-prong test would be the primary way this classification is made. The three components of the test include Behavioral, Financial, and Work Relationship. In regards to behavioral, Crusoe maintains independent freedom on how to perform project tasks. Financially, Crusoe is paid only when the invoice is submitted, as a opposed to a regular paycheck. The work relationship is focused on a single project and is clearly not an ongoing commitment, despite that fact that Crusoe is making a full time effort on the project currently. 2. What is the source of Crusoe's authority to act as CCT’s agent? The source of Crusoe’s authority is “actual”. CCT has given Crusoe the permission to act on its behalf to achieve the goals of the business. Actual authority occurs when one party gives another party express or implied permission to act on their behalf. Reference: http://www.law.cornell.edu/wex/actual_authority 3. Assume that Crusoe is driving to interview one of CCT’s customers for his study of CCT's logistical operations. While en route, he negligently...
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...Addressing International Legal and Ethical Issues Simulation Summary LAW/421 July 2, 2012 Kathryn Harris Abstract This paper discusses many of the issues discussed in the simulation on addressing international legal and ethical issues. This paper discusses many of the issues involved in resolving legal disputes in international transactions. Some of the issues discussed include selecting local counsel, fully understanding the foreign laws, due diligence, and choosing the right law and dispute resolutions. This paper also highlights some of the factors that could possibly work against CadMex when it comes to its decision on sublicensing agreements. Some of the factors discussed in this paper include time and cost increases in addition to price differences between generic brands in Canada and CadMex’s brand. The paper will also discuss some of the ways local customs and laws can conflict and how to deal with the situation. Finally, this paper will also cover how companies should resolve domestic and international disputes differently than the companies discussed in the week one readings. Addressing International Legal and Ethical Issues Simulation Summary Understanding how to address international legal and ethical issues is essential in creating a strong business relationship with other businesses abroad. There are many issues involved in resolving international legal disputes including selecting local counsel, full understanding of the local laws, due diligence...
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